Criminal Chamber Base Number: 2016/15735 Decision Number: 2017/8207 “Justice Text” COURT: Criminal Court of First InstanceJURISDICTION: Acquittal By appealing the judgment given by the local court, by reading the document;It has been discussed and considered:On the date of the incident, the defendant served as J.Er in the district gendarmerie command, and the complainant … was […]
Processing of Litigation for Completed Offenses In completed crimes, the duration of the statute of limitations from the day the crime was committedstated that it will work (Article 66/6 of the TCK). The legislator is at the stage of completed crime-attempt in paragraph 6made the distinction of remaining crimes, the duration of the statute of […]
General Assembly of Law Principal Number: 2017/1087 Decision Number: 2020/125 “Justice Text”COURT: Civil Court of First Instance At the end of the trial due to the “compensation” lawsuit between the parties, the decision regarding the rejection of the lawsuit petition given by the Bursa 1st Civil Court of First Instance in terms of jurisdiction was […]
Processing of Litigation Timeout in Negligent Offenses It has been discussed before when the statute of limitations for negligent crimes will start to run.Those who state that the statute of limitations period should start to run after the result is realized.There were also those who claimed that the movement should be taken as the basis. […]
Law Office Principal Number: 2017/1014 Decision Number: 2020/4488 “Justice Text”COURT: Civil Court of First Instance At the end of the trial of the negative declaratory action between the parties, the file was examined and considered, upon the appeal of the parties’ lawyers within the time limit of the verdict given for the rejection of the […]
Processing of Litigation Timeout in Danger Offenses Since abstract danger crimes are purely action crimes, the statute of limitations for the caseIt starts working from the end of it. For example, regulated in the 3rd paragraph of Article 179 of the TCK andwill not be able to safely drive and manage a vehicle under the […]
Legal Department Base Number: 2018/6836 Decision Number: 2019/7645 “Justice Text” COURT :Family CourtTYPE OF CASE: DivorceREQUESTING DECISION CORRECTION: Defendant The date, subject and parties of the above-mentioned provision; Requesting correction of the decision of our Chamber, dated 18.04.2018 and numbered 2016/15634-2018/5203 regarding partial reversal-partial approval, has been requested, the document has been read and the […]
Gai (Final) Crime Theory It is the theory developed by Welzel since the early 1930s. According to this theory, casteit is included in typicality along with the subjective element. Fault is accepted as a pure value judgment. of injusticesubjectivization and normativeization of defect. Subjectification of castealso caused a change in the concept of injustice, the […]
Negative Criminal Element Theory According to this theory, crime has two elements. These are typicality and imperfection. This theory is the element of typicality.presents a different approach. Typical element of crime, positive and negative typicality in itself.made up of elements. Elements of positive typicality are expressed in the legal definition of the crime.represents the elements. […]
Unlawfulness There is no culpability without violation of the law. illegality without conformity to typicality, illegalityWithout it, there is no fault. Typicality is a precondition for illegality, and illegality is a prerequisite for culpability.When the act is in accordance with the legal definition, it is also considered to be unlawful. Because legalThe definition defines unlawful […]
